Posted by Paul2_FL on 1/28/06 11:41pm
Msg #92169

Citibank HELOC

I received a document package for a Citibank HELOC that has two sections you can use in notarizing an “Affidavit of No Liens”. The first section is for notarizing “outside of California” and the second section is for “Within California”. Since this document will be notarized in FL, you would think I would use the first section right? Well, wrong. The first section does not have an area for the venue (unless you write it in) and, it states “that Jane Doe, personally known to me to be the same person(s) whose name(s) is/are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he/she/they signed the instrument etc.”
Two things wrong here. This document requires a jurat not an acknowledgement because it starts off with “being duly sworn” and, even if it was an acknowledgement, I don’t know this person so I would not use this as my notarial certificate. I would normally just attach a loose jurat.
However, the second section that is set up for the folks in California is set up perfectly for notarizing this document if you strike out the typed “California” in the venue (yes this section has one!) and write in Florida. I don’t know why they have this section specifically for “Within California”. Has anyone from outside California used this section by striking out the typed written “California” or did you just strike the whole thing and attach a loose jurat? (I would prefer to use this section rather than attaching a loose jurat to keep the document intact but don't know if Citibank will accept it this way).

Reply by Nd_WA on 1/29/06 2:53am
Msg #92178

"Since this document will be notarized in FL, you would think I would use the first section right?"...YES, otherwise you're not following the instruction specifically stated on the form.

Chase HELOC has an "Affidavit" of that same nature where a jurat is used for all states except NY, but NY section has an ack instead. I always have to attached a loose certificate b/c there is literally no room for my stamp on the jurat.

Reply by Paul Kelley on 1/29/06 9:02am
Msg #92189

Well Nd_Wa I have to respectfully disagree with you. As I mentioned, the first section, as written, is for an "acknowledgement" when a jurat is required and also states that the borrower is "personally known to me" which she isn't. Therefore, if this was the only certificate to use on this page, I would just attach a loose jurat.
My actual question is whether or not Citibank will accept my striking out the word "California" on the venue of the second certificate on this page that appears to be reserved for notaries in California.